Notable Faculty Publications

Cheryl Bratt, in “Top-Down or from the Ground?: A Practical Perspective on Reforming the Field of Children and the Law” (Yale Law Journal Forum), applauds Anne C. Daily and Laura A. Rosenbury’s “revolutionary call to arms” for children’s law reforms, but suggests a youth-directed strategy to achieve the goal rather than the constitutional law overhaul the scholars propose.

Frank Garcia (with Timothy Meyer) writes in “Restoring Trade’s Social Contract” (Michigan Law Review Online) that an opportunity “lies at the heart” of the current US trade policy crisis. He offers three proposals, including funding adjustment assistance policies through a financial transactions tax embedded in free trade agreements like NAFTA and applied throughout a free trade area.

Kari Hong proposes in “A New Mens Rea for Rape: More Convictions and Less Punishment” (American Criminal Law Review) a crime of rape defined by the mens rea of malice that reflects contemporary understandings of the social wrong of unwanted sex. Mindful of rape’s connection to mass incarceration, however, she suggests sentences be limited to five years.